On February 7, 2025, President Trump signed an executive order titled “Addressing Egregious Actions of the Republic of South Africa” in response to South Africa’s recently enacted Expropriation Act 13 of 2024.
In addition to cutting off funding to South Africa, this Executive Order empowers the Secretary of State and the Secretary of Homeland Security to prioritize humanitarian relief including admission and resettlement through the United States Refugee Admission Program of “Afrikaners” in South Africa “who are victims of unjust racial discrimination”. Such plan must be submitted to the President and Homeland Security Advisor. The full text of the order may be viewed at Addressing Egregious Actions of The Republic of South Africa – The White House. IT IS IMPORTANT TO NOTE THAT THERE IS NO PLAN IN PLACE YET AND WE DO NOT KNOW WHAT THIS PLAN WILL ENTAIL. THERE ARE MANY DETAILS THAT NEED TO BE EXPLAINED INCLUDING WHAT THE DEFINITION OF AN “AFRIKANER’ IS.
However, this Executive Order specifically uses the term “Refugee”. Therefore, it is important to distinguish between those seeking asylum and those seeking refugee status. The Executive order specifically states, “the United States shall promote the resettlement of Afrikaner refugees escaping government-sponsored race-based discrimination, including racially discriminatory property confiscation”. Asylees and refugees are individuals who have faced persecution or have a well-founded fear of persecution in their home countries based on race, religion, nationality, membership in a particular social group, or political opinion. The asylum process allows asylees to apply for protection after arriving in the United States, while refugees receive their status while still outside the U.S. By using the term “Refugee” we assume that this “Executive Order” will only apply to persons outside the United States seeking Refugee Status.
Again, while we do not know yet what this plan will entail, the standard process to apply for refugee status was as follows:
You typically need to receive a referral to the U.S. Refugee Admissions Program (USRAP) before you can receive refugee status. U.S. embassies and specially trained international organizations work to refer refugee applicants. However, President Trump, on January 20, 2025, in an unrelated executive order suspended the U.S. Refugee Admissions Program (“USRAP”) indefinitely.
Typically, applicants work with the United Nations High Commissioner for Refugees (UNHCR) office closest to them. After receiving your referral, you’ll need to prepare for the refugee interview.
Usually, if you have received your referral or are exempt, you can begin completing your refugee application. If UNHCR refers your case to the United States, they will schedule an appointment for you at a Refugee Support Center (RSC). The U.S. Department of State’s Bureau of Population, Refugees, and Migration oversees the operations of several RSCs.
U.S. Citizenship and Immigration Services (USCIS), an agency of the Department of Homeland Security (DHS), employs USCIS refugee officers. These refugee officers are the ones who determine if your refugee application will be approved or denied. They will interview you to determine whether to approve your refugee application.
Your RSC will help you gather your supporting documents and discuss the application process and requirements. They will also try to verify your identity and conduct security checks on you. The U.S. government requires security checks for all refugee applicants.
When interviewing with a USCIS refugee officer, be prepared to explain details about your life and persecution in your country of origin. You should have documents evidencing proof of your persecution or fear of persecution as well as unabridged birth and marriage certificates, divorce decrees, military records and certified copies of criminal records, if any as well as any other evidence that will assist you in being classified as a refugee. The USCIS officer will conduct background checks on you to make sure you don’t present a threat to the United States and to determine that your claims are legitimate.
What Happens After You Receive a Decision on Your Refugee Application?
Typically, If USRAP approves your refugee application, your RSC will schedule medical appointments for you and your family members to screen for public health risks. They will also screen you for physical or mental disorders and severe substance addictions.
If you pass the medical screening, your RSC will help prepare you to integrate into the United States and arrange your travel. They’ll also refer you to a Refugee Resettlement Agency (RRA) in the United States, which will help you settle into the country. The Department of Health and Human Services also assists incoming refugees. This entire process can take several months to several years.
If USCIS denied your application, you may request a review of the denial. You should submit the request to your RSC within 90 days of receiving your rejection. You must write the request in English and you can consult a lawyer to help.
Refugees are legally required to apply for permanent resident status one year after receiving their U.S. refugee status. Asylum seekers are not required to apply for U.S. green cards after a year of asylum status in the United States, but they may choose to do so.
It is important to know that if U.S. Citizenship and Immigration Services (USCIS) grants you refugee or asylum status based on your claim of past persecution or a fear of future persecution in South Africa, you can jeopardize your immigration status in the United States by travelling back to South Africa. Although there are extraordinary cases, you should always speak to an immigration attorney before making a request for a Refugee Travel Document to travel back to your home country.
Again, it is unclear what the plan will be for Afrikaners to obtain refugee status in the United States but the process above was the typical refugee process currently in place for people seeking refugee status in the United States until President Trump’s January 20, 2025, executive order abolishing USRAP.
Pollak PLLC is an award-winning immigration law firm with offices in Dallas, Texas and Fort Lauderdale, Florida. Contact us at info@pollakimmigration.com or (954) 250-8335 today to schedule a consultation to discuss your options. You can also see updated information on our Pollak PLLC Facebook page.
